Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 54---Control of Narcotic Substances Act (XXV of 1997), S.22(b)---Constitution of Pakistan (1973), Art.9---Arrest without warrant---Any search or detention of a person, was an interference with his liberty and unless done strictly in accordance with law, would be a grave violation of Art.9 of the Constitution which was one of the most important and indeed the very first of the fundamental rights granted by the Constitution---Neither S.54, Cr.P.C. nor the equivalent provision under S.22 of Control of Narcotic Substances Act, 1997, left the matter of search, detention or arrest of a person to the subjective satisfaction of the Police---Test was objective and there must be clear reasons and reasonable grounds for suspecting that a specific offence had been committed before the Police could take recourse to any of the said provisions of law---First clause of S.54, Cr.P.C. required either a "reasonable complaint" or some "credible information" or "reasonable suspicion" that the person concerned had been involved in a cognizable offence---Section 22(b) of Control of Narcotic Substances Act, 1997, allowed the Police to detain and search a person only if the Police had "reason to believe" that he had committed an offence under the said Act---Mere fact that a person turned away on seeing a Police party in order to avoid any contact with them, would not give the Police ground for having any "reasonable suspicion" that he had committed a cognizable. offence or "reason to believe" that he had committed an offence under the Control of Narcotic Substances Act, 1997---In the present case, prima facie, the action of the Police in stopping, searching, detaining and arresting the person concerned, was completely unlawful and all subsequent events following thereon, were also unlawful. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(a)---Possession of narcotic---Bail, grant of---F.I.R. did not indicate as to whether 100 grams of charas was taken from one piece or from each of the three pieces allegedly recovered from the accused---Accused, in circumstance should be…

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